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SW Wisconsin | What you're describing is in blatant violation of the spirit of the Capper-Volstead act, but maybe not in violation of the letter. I recommend getting on the phone with your congressman and asking for a rewrite of Capper-Volstead.
For reference: this is the full text of the Capper-Volstead Act.
The Capper-Volstead Act
(Public-No. 146-67th Congress)
An Act to Authorize Association of Producers of Agricultural Products
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That persons engaged in the production of agricultural products
as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in
associations, corporate or otherwise, with or without capital stock, in collectively processing,
preparing for market, handling, and marketing in interstate and foreign commerce,
such products of persons so engaged. Such associations may have marketing
agencies in common; and such associations and their members may make the necessary
contracts and agreements to effect such purposes: Provided, however, That such associations
are operated for the mutual benefit of the members thereof, as such producers,
and conform to one or both of the following requirements:
First. That no member of the association is allowed more than one vote because of the
amount of stock or membership capital he may own therein, or,
Second. That the association does not pay dividends on stock or membership capital in
excess of 8 per centum per annum.
And in any case to the following:
Third. That the association shall not deal in the products of nonmembers to an amount
greater in value than such as are handled by it for members.
Sec. 2. That if the Secretary of Agriculture shall have reason to believe that any such
association monopolizes or restrains trade in interstate or foreign commerce to such an
extent that the price of any agricultural product is unduly enhanced by reason thereof,
he shall serve upon such association a complaint stating his charge in that respect, to
which complaint shall be attached or contained therein, a notice of hearing, specifying a
day and place not less than thirty days after the service thereof, requiring the association
to show cause why an order should not be made directing it to cease and desist from
monopolization or restraint of trade. An association so complained of may at the time
and place so fixed show cause why such order should not be entered. The evidence given
on such a hearing shall be taken under such rules and regulations as the Secretary of
Agriculture may prescribe, reduced to writing and made a part of the record therein. If
upon such hearing the Secretary of Agriculture shall be of the opinion that such association
monopolizes or restrains trade in interstate or foreign commerce to such an extent
that the price of any agricultural produce is unduly enhanced thereby, he shall issue and
cause to be served upon the association an order reciting the facts found by him, directing
such association to cease and desist from monopolization or restraint of trade. On the
request of such association or if such association fails or neglects for thirty days to obey
such order, the Secretary of Agriculture shall file in the district court in the judicial district
in which such association has its principal place of business a certified copy of the
order and of all the records in the proceeding, together with a petition asking that the
order be enforced, and shall give notice to the Attorney General and to said association
of such filing. Such district court shall thereupon have jurisdiction to enter a decree
affirming, modifying, or setting aside said order, or enter such other decree as the court
may deem equitable, and may make rules as to pleadings and proceedings to be had in
considering such order. The place of trial may.; for cause or by consent of parties, be
changed as in other causes.
The facts found by the Secretary of Agriculture and recited or set forth in said order shall
be prima facie evidence of such facts, but either party may adduce additional evidence.
The Department of Justice shall have charge of the enforcement of such order. After the
order is so filed in such district court and while pending for review therein the court may
issue a temporary writ of injunction forbidding such association from violating such order
or any part thereof. The court may, upon conclusion of its hearing, enforce its decree
by a permanent injunction forbidding such association from violating such order or any
part thereof. The court may, upon conclusion of its hearing, enforce its decree by a permanent
injunction or other appropriate remedy. Service of such complaint and of all
notices may be made upon such association by service upon any officer or agent thereof
engaged in carrying on its business, or any attorney authorized to appear in such
proceeding for such association, and such service shall be binding upon such association,
the officers, and members thereof.
Approved, February 18, 1922. (42 Stat. 388) 7 U.S.C.A., 291-192
Edited by Brown Cow 4/26/2024 08:56
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coop got to big for me to vote
